66Recovery of overpayments and amounts required to be repaid

66 Recovery of overpayments and amounts required to be repaid

(1) This section applies if an amount is paid to a medical indemnity provider by way of a payment under Part 2, 3, 4, 6 or 7 or section 69 and one of the following applies: (a) no amount is payable to the provider under that Part or section; (b) the amount paid is greater than the amount that was payable to the provider under that Part or section; (c) the provider is required by section 49, 50 or 51 to repay some or all of the amount. (2) The amount overpaid is: (a) the whole of the amount paid if paragraph (1)(a) applies; or (b) the difference between the amount that was paid and the amount that was payable if paragraph (1)(b) applies; (c) so much of the amount as is required to be repaid if paragraph (1)(c) applies. (3) The amount overpaid is a debt due to the Commonwealth by the medical indemnity provider. (4) The amount overpaid may be recovered: (a) by action by the Chief Executive Medicare against the medical indemnity provider in a court of competent jurisdiction; or (b) by deduction from another amount payable to the medical indemnity provider under this instrument. The total amount recovered must not exceed the amount overpaid.